firearms_101
Regular Member
imported post
Can anyone tell methe laws while open carrying in a VA resturant?
Can anyone tell methe laws while open carrying in a VA resturant?
Is there any website you know of that I can get more info regarding this silence on drinking while OC? I am not a big drinker but I do occassionally like a beer or glass of wine. I just want to make sure I am not breaking any laws if I do this while I am OC.Actually the law is silent on drinking while open carrying, you are only subject to the general public intoxication statute. Concealed carry while intoxicated is a crime though.
WOW! That was great info! Thanks again!Well just as there is no law prohibiting open carry, there is no law prohibiting open carry while intoxicated. You can't find something that doesn't exist however this website http://www.virginia1774.org/ has pretty good summaries of Virginia arms laws. Section J1 of 18.2-308 prohibits concealed carry while intoxicated http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308
J1. Any person permitted to carry a concealed handgun, who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place, shall be guilty of a Class 1 misdemeanor. Conviction of any of the following offenses shall be prima facie evidence, subject to rebuttal, that the person is "under the influence" for purposes of this section: manslaughter in violation of § 18.2-36.1, maiming in violation of § 18.2-51.4, driving while intoxicated in violation of § 18.2-266, public intoxication in violation of § 18.2-388, or driving while intoxicated in violation of § 46.2-341.24. Upon such conviction that court shall revoke the person's permit for a concealed handgun and promptly notify the issuing circuit court. A person convicted of a violation of this subsection shall be ineligible to apply for a concealed handgun permit for a period of five years.
Section J3 of 18.2-308 prohibits concealed carry by patrons of ABC clubs.
J3. No person shall carry a concealed handgun onto the premises of any restaurant or club as defined in § 4.1-100 for which a license to sell and serve alcoholic beverages for on-premises consumption has been granted by the Virginia Alcoholic Beverage Control Board under Title 4.1 of the Code of Virginia; however, nothing herein shall prohibit any sworn law-enforcement officer from carrying a concealed handgun on the premises of such restaurant or club or any owner or event sponsor or his employees from carrying a concealed handgun while on duty at such restaurant or club if such person has a concealed handgun permit.
18.2-388 is the general public intoxication statute.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-388
Profane swearing and intoxication in public; penalty; transportation of public inebriates to detoxification center. If any person profanely curses or swears or is intoxicated in public, whether such intoxication results from alcohol, narcotic drug or other intoxicant or drug of whatever nature, he shall be deemed guilty of a Class 4 misdemeanor. In any area in which there is located a court-approved detoxification center a law-enforcement officer may authorize the transportation, by police or otherwise, of public inebriates to such detoxification center in lieu of arrest; however, no person shall be involuntarily detained in such center.
No need to worry about me...I just like to enjoy a beer/wine with my mealYour welcome for the info, just don't get hammered and carry, you might miss and waste ammo.